The Delhi High Court on Wednesday issued notice on an appeal filed by former AAP councillor Tahir Hussain, challenging his conviction in the murder case of Intelligence Bureau (IB) staffer Ankit Sharma, who was killed during the 2020 North East Delhi riots.

A Division Bench of Justice Prathiba M. Singh and Justice Vikas Mahajan admitted the appeal and directed that it be listed along with two connected appeals arising from the same trial court judgment on December 2, 2026.

During the hearing, while counsel was making submissions concerning the appreciation of evidence and Hussain’s alleged role, the Court remarked that the death of Ankit Sharma was an undisputed fact and cautioned counsel against making arguments beyond what was necessary.

The Court remarked: "I mean the fact...the fact that he died isn't it, it's a fact isn't it?...a young, young person died in this case."

Tahir Hussain Challenges Conviction

Hussain’s appeal arises from the final judgment dated July 13, 2026, and the subsequent order on sentence dated July 31, 2026.

During Wednesday’s hearing, his counsel argued that Hussain’s role was distinct from that of the other accused and challenged the manner in which the trial court had appreciated the evidence.

Counsel particularly disputed the finding regarding Hussain’s presence at the spot, referring to the evidence of PW6 and PW10. It was argued that although the trial court relied upon the witnesses to conclude that Hussain was present, PW6’s cross-examination did not establish his presence at the time of the alleged fight.

The Court indicated that such issues could be considered while hearing the appeal.

Appeal admitted, connected matters to be heard together

The Bench noted that the connected appeals arising out of the same judgment are Criminal Appeals No. 764 of 2026 and 766 of 2026.

The Court agreed with counsel that the matters could be heard together to save judicial time.

"In any case, this matter won't conclude on one day. We'll put it on the same day and if we feel that we need to hear both separately, we will do that" Court said.

The Court thereafter dictated the order admitting the appeal and issuing notice.

Delhi Police Special Public Prosecutor Rajat Nair accepted notice on behalf of the prosecution.

The Court also directed that the nominal roll be called for along with the connected appeals and listed the matters for December 2, 2026.

Trial Court Had Sentenced Hussain To Life Imprisonment

The appeal challenges Hussain’s conviction and sentence arising from the murder of Ankit Sharma.

The trial court had convicted Hussain under several provisions of the Indian Penal Code, including Sections 188, 153A read with 149, 147 read with 149, 148 read with 149, 365 read with 149 and 302 read with 149 IPC.

For the murder charge under Section 302 read with Section 149 IPC, Hussain was sentenced to imprisonment for life and fined ₹20,000.

He was, however, acquitted of charges under Sections 120B, 505, 109 and 114 IPC.

Four other accused were also convicted in the murder case and sentenced to life imprisonment.

Prosecution had sought death penalty

Following the conviction, Delhi Police had sought the death penalty, arguing that the murder fell within the “rarest of rare” category.

The trial court declined to impose capital punishment. While sentencing the convicts to life imprisonment, the court observed that the manner in which the offence was committed was "nauseating and sickening".

At the same time, it held that the convicts could not be considered beyond the possibility of reformation and rehabilitation, and therefore the case did not warrant the death penalty.

Background of Ankit Sharma Murder Case

The case pertains to an FIR registered at Dayalpur Police Station on the basis of a complaint by Ankit Sharma’s father, Ravinder Kumar.

According to the complaint, Ankit Sharma, who was posted with the Intelligence Bureau, had returned from his office on February 25, 2020, and later went out but did not return home.

His father subsequently learnt from local boys that Ankit Sharma had allegedly been “thrown” into the Khajuri Khas nala after he was killed. His body was subsequently recovered from the drain.

The complainant had raised suspicion against Tahir Hussain and others, alleging that they had gathered at Hussain’s office and that Ankit Sharma was killed before his body was thrown into the drain.

The trial court had also relied upon forensic material recovered from Hussain’s building in Khajuri Khas, including stones, bricks, a catapult, petrol bombs, glass bottles stuffed with cloth, bullets and burnt articles.

The prosecution's case was that the building was used by rioters for stone-pelting and for hurling petrol and acid bombs during the communal violence.

The trial court had also relied upon eyewitness testimony identifying Hussain and other accused as participants in the violence.

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